Each state have their own laws governing the rights and duties of landlords and tenants although basic concepts are common to all states. As we all know, a landlord leases the property to a tenant who rents it for a fee stated in an agreement called Contract of Lease. The contract lays out the terms and agreement between the parties, including their rights and duties. It is often prepared by the landlord and given to the tenant for his signature upon verbal agreement to rent. The landlord has the right to charge rent, and the tenant has the obligation to pay. This is the consideration of a Contract of Lease, without which there can be no agreement. This amount is stated in the contract, detailing when and how payment should be made. Unless the landlord agrees, a tenant cannot pay less than the amount stipulated in the contract. In the same breath, a landlord cannot arbitrarily raise the rent; the tenant must be notified and be given the choice to stay or to move out. Problems are expected to arise if the tenant cannot afford to pay the new rental fee. Increase in rent is usually given a few months in advance to give the tenant the opportunity to look for another place if he does not agree. A Contract for Lease also states how much are charge for late fees, a penalty the tenant has to pay for late payment of rent. Aside from the rent, the landlord has the right to ask for a security deposit on top of the rental fee before the tenant can move in to the rental property. A security deposit is a sum of money given to the landlord to answer for damages caused to the rental property (example, a hole in the wall as opposed to normal wear and tear). When the term of lease ends and the contract will not be renewed, the landlord will inspect the property, and any damages caused to the property shall be repaired using the money given as security deposit. In cases where the repairs cost more than the security deposit, the landlord can demand payment of additional sums of money from the leaving tenant. If the tenant refuses, the landlord can take him to the small claims court in their county. Tenants contesting the validity of the claim on the ground that they did not cause such damage to property can also take the landlord to the small claims court. For this purpose, it is important that tenants inspect the property (calibrate the time and date functions of your camera and photograph before and after as evidence) before signing the contract and call the attention of the landlord to minimize disputes about the true condition of the property. Tenants must also be vigilant in informing the tenant of repairs that have to be made so that the landlord will be aware of the condition of the rental property. Security deposits are returned to the tenant at the end of the lease if there are no damages to the property that would require the landlord to keep the money. Under the laws of the State of Washington, the landlord is responsible for repairing the rental property. Such is not the case in the State of Arkansas where landlords become responsible only if the contract says so. By knowing your state’s rental laws and reading your contract, you will know who is responsible for repairing your rental home. Respect of is essential in a landlord-tenant relationship. The leased property becomes the tenant’s private space; he does not own the property but he is entitled to privacy as long as he is a tenant in good standing. On the other hand, while respecting his right to privacy, the landlord has the right of entry. Since the landlord owns the property, he has the right of entry to inspect the property and make repairs, but only after reasonable notice is given to the tenant before he enters the property. Notice is usually given 24 hours in advance. When a tenant acts suspiciously and there are reasons to believe that the tenant may be engaged in some illegal activity, the landlord may rightfully enter his property even without notice to the tenant. Landlords and tenants should also respect each other’s property rights. When entering the property, the landlord may not remove or replace anything in the rented home unless he informs the tenant beforehand. For his part, the tenant cannot make any major changes to the property such as painting and changing the colors of the house or changing locks without informing the landlord first. It is the landlord’s right to limit the number of occupants in the rental property. This is the reason why: (1) An applicant to rent the property is required to submit a list of occupants. It is not just for background checks but to give the landlord an idea as to the number of occupants. (1) The Contract of Lease may require you to provide the names and ages of all occupants. If the landlord is particular about the identities of the occupants in the rental property, you should follow this rule and not breach your contract with him. Depending on your agreement, your landlord may allow visitors to stay for a short period of time, after which any extended stay is deemed unauthorized. Inform the landlord if the new occupant is staying long term; this in effect makes him a tenant and the landlord’s approval becomes necessary. Sub-letting or renting out a portion of the rental property is not granted as a matter of right but may be agreed upon by the landlord and the tenant. Sub-letting the rental property contrary to the lease agreement is a breach of the agreement and may be a ground for eviction. The landlord has the right to evict a tenant. Each state have their own eviction laws. A valid eviction complies with the legal requirements of a valid ground, proper notice, summons and complaint, court hearing and sheriff actions. The most common ground for eviction are non-payment of rent and breach of contract. Lease contracts are always for a term, normally a year or two, and subject to renewal upon agreement by the parties. Both landlords and tenants have the right to terminate the lease before the term expires. To terminate the lease, notice must be given to the other party within the time frame specified in the contract. It is important to be in good terms with each other even after the termination of the lease. Take note that if you are a tenant and you’re moving to another rental property, you will need a recommendation from your landlord. Earning a favorable recommendation. This blog is not legal advice, but shares information on the law. We are living in hard times; people lose their jobs and many are struggling to make ends meet. Legalbargain.net gives back to society by sharing it’s knowledge and producing advocacy videos to put justice within the reach of those who believe justice is only for those with money.
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